Chris335 UE Diary

[chris335f]

Thanks for all your replies and advice,

Lesson before you rush off and send anything check on here to see what others recommend, too many jump in when it back fires on them, ??

Yes, lesson learnt I will try not to rush things through in future and seek advice on here first.

[cymruambyth]

Never reply promptly; if there is a deadline wait till the last moment to reply!

[chris335f]

I have received some replies from the CCA requests, all have replied so far apart from Link Financial (Barclaycard).

Fredrickson (Capital One) unfortunately the debt looks to be enforceable and they have supplied copies of the original contract.
Santander has also provided original contract details, so most likely enforceable.
Wescot/Cabot (Mint) have replied but have been unable to supply the original contract within the 12 days but have requested details from the lender and have given a time frame of 40 days. I'm not sure if they have not complied with the CCA request? How do I go forward with this?

I am now uncertain what to do about the enforceable debts?

[Still Waving]

Hi

With regard to the ones who have replied but not yet sent any documents, do nothing. DO NOT chase them. They are in default all the while your CCA request is unfulfilled.

Where you have received copy agreements, the best first step is to email them to webmaster@all-about-debt.co.uk. Do not blank out any personal detail. Only Niddy will see them. He will be able to give an opinion as whether or not the agreement is likely to be enforceable. Title your email 'chris335f CCA agreement', and include a link to this diary thread.

[Warwick65]

I have received some replies from the CCA requests, all have replied so far apart from Link Financial (Barclaycard).

Fredrickson (Capital One) unfortunately the debt looks to be enforceable and they have supplied copies of the original contract.
Santander has also provided original contract details, so most likely enforceable.
Wescot/Cabot (Mint) have replied but have been unable to supply the original contract within the 12 days but have requested details from the lender and have given a time frame of 40 days. I'm not sure if they have not complied with the CCA request? How do I go forward with this?

I am now uncertain what to do about the enforceable debts?

Just because they have supplied what appears to be a credible signed agreement does not mean it can automatically be enforced. There are lots of other reasons it can not be enforced, if you know how to argue it. I know this from personal experience as we defended a claim against me for a 2005 Capital One card and it did not even get to the agreement stage. In essence they had not sent me a valid (or any) Default Notice- end of story

However, there were several other arguments that could have been run , all fo which had legs

Is the Cap 1 card owned by Lowell?

[chris335f]

Is the Cap 1 card owned by Lowell?

Thanks for the info.

I'm not sure about who the card was owned by? The Capital One card was taken out on 15/03/2001. They have supplied a copy of the default notice which was dated 21/04/2010

[cymruambyth]

Hi, you say that they look to be enforceable, have you had them checked by Niddy? If not, send them to webmaster@all-about-debt.co.uk ; do not black out any information as this is totally secure. Link them to this thread. Otherwise, as Warwick has said, there can be many other errors, so don’t give up hope yet.

[Warwick65]

I suggested it was owned by Lowell because fredrick sons are a part of the lowell group.

My Capital One account was sold at about the same time as yours and last year they issued a claim- the agreement had previously been ruled enforceable by Niddy ( and it was, ticked all the boxes etc) but it really was a comedy of errors

My first CCA request was to capital One and it came back all ok, then after it had been sold Lowell also sent me a copy but when the claim was issued , although Lowell Solicitors sent an illegible copy of the agreement, Lowell actually said they would not comply with my request because of the age of the account- go figure

Diana Mayhew and Jo did a sterling job for me and the claim was dismissed by a Judge a few weeks ago now. Lowell did try a dirty trick in court by telling the court they hadn't received my Witness statement although Jo was able to prove they had - they obviously made a clerical mistake, I mean they wouldn't mislead the court now would they.

[chris335f]

Thanks for the response.

The Santander and Capital One accounts have been confirmed by Niddy as most likely enforceable.

I have received a letter today from Capital One and the debt is no longer being managed by Fredrickson. The account has been returned to Capital One. Any ideas as to why they would do this and their intentions? They are now asking me to arrange payments directly.

What would be my next step? I can either try and continue and offer the same payment I was paying under my DMP. Or alternatively, I can offer a partial settlement figure of around 30% - 40% of the debt as a starting point. I can arrange the funds to do this as long as it turns out to be a settlement of 50% or below. This applies to all my outstanding debts.

I was thinking to go through the same process with the Santander account. I could also make an offer via a 3rd party and claim that they are prepared to help me to settle the debts. Is this the right thing to do?

Most importantly, I want to avoid any CCJ’s in the future.

I would appreciate any advice.

[Joanna Connolly Solicitors]

Diana Mayhew and Jo did a sterling job for me and the claim was dismissed by a Judge a few weeks ago.

Thank you

I can't say why your claim was dismissed by the DJ (client confidentiality reasons) - but you can if you want.

It's important that people realise there are several legal arguments to defeat a claim, not just whether the credit agreement is enforceable.

Di

[chris335f]

I have finally received an update from Link Financial regarding my Barclaycard debts. The letter I received dated 19/04/18 is asking why I have stopped making payments, stating they have cancelled the repayment plan. They say that they are still committed to recovering the debt by negotiation but will pursue me through my local county court if I fail to respond.

They have not mentioned anything about the CCA request letter which I sent via recorded delivery on 29th January 2018. Do I need to send another CCA request as they have not confirmed receiving it, or even mentioned it in their reply letter?

The defaults for these debts will be wiped from my credit report on the 31st May 2018 as the 6 years will be up.

Can anyone advise what my next move should be? Would it be worth my while sending a SAR to Barclaycard?

[Roger]

I have finally received an update from Link Financial regarding my Barclaycard debts. The letter I received dated 19/04/18 is asking why I have stopped making payments, stating they have cancelled the repayment plan. They say that they are still committed to recovering the debt by negotiation but will pursue me through my local county court if I fail to respond.

They have not mentioned anything about the CCA request letter which I sent via recorded delivery on 29th January 2018. Do I need to send another CCA request as they have not confirmed receiving it, or even mentioned it in their reply letter?

The defaults for these debts will be wiped from my credit report on the 31st May 2018 as the 6 years will be up.

Can anyone advise what my next move should be? Would it be worth my while sending a SAR to Barclaycard?

It seems that LINK NEVER mention CCA requests a look at other Diaries reveals the same deafening silence!
DON'T send another CCA request to LINK it is UE until they produce CCA
A SAR on Barclaycard at some point might be useful,
At this moment wait and see what their next letter says "..

they are still committed to recovering the debt by negotiation.."

[chris335f]

Updates received:

25/05/18: Received letter from Capital One in the form of a statement of account as from the date I stopped paying my DMP 25th November 2017. Closing balance £4201.46

Letter filed away.

1) I'm wondering if they will threaten action to retrieve the outstanding debt as the account has proved enforceable after the CCA request? Can anyone answer this? Is it likely to happen, would it be worth their while threatening CCJ action if the debt is from 2010?

22/03/18: Received a letter from Cabot Financial regarding the CCA request stating - 'Unfortunately we have not been able to provide you with the requested information within the relevant time period' 'Your credit agreement is currently unenforceable which means we are not permitted to obtain a decree or judgement against you in court' 'However you balance remains outstanding and due.

21/05/2018: Received a letter from Cabot Financial stating 'your balance of £5,056.14 is waiting to be paid'

2) I'm assuming that I should ignore the letters from Cabot above as the account is still UE?

29/04/2018: Letter received from Santander - Notice of sums of arrears. 'Please contact us as soon as possible to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing' Not communicating and have filed the letter away.

3) Can anyone advise what I should do about this account as it is enforceable? Can Santander now set a Default notice against my credit record or issue a CCJ?

As of May 31st, 2018 - 6 years have passed since Barclaycard set a default against my credit record.
4) Does this mean that the default will now be removed from my credit file and how long does this take to process?

I would appreciate if anyone could spare the time to answer my questions above.

Thanks in advance.

[Roger]

Dealing with your several points.

1/ Capitol One: There are many reasons for UE not just the CCA. File away and don't jump the gun over CCJ's. Silence and one letter at a time. Their letter isn't threatening so file away.
2/ Cabot: Typical of Cabot, they are permitted to ASK but its UE in the absence of the outstanding CCA. File away and SILENCE
3/ Santander: Deal with as with 1/ Capitol One (above).
4/ I never look at my Credit files personally, but my understanding is they drop off automatically after 6 years

Have you sent a SAR to Barclaycard? Under the GDPR its free (don't send a £10) this will cover all of your Barclaycards? With Santander and Capitol One wait until these debts are sold on before a SAR.

[Joanna Connolly Solicitors]

Updates received:

25/05/18: Received letter from Capital One in the form of a statement of account as from the date I stopped paying my DMP 25th November 2017. Closing balance £4201.46

Letter filed away.

1) I'm wondering if they will threaten action to retrieve the outstanding debt as the account has proved enforceable after the CCA request? Can anyone answer this? Is it likely to happen, would it be worth their while threatening CCJ action if the debt is from 2010?

22/03/18: Received a letter from Cabot Financial regarding the CCA request stating - 'Unfortunately we have not been able to provide you with the requested information within the relevant time period' 'Your credit agreement is currently unenforceable which means we are not permitted to obtain a decree or judgement against you in court' 'However you balance remains outstanding and due.

21/05/2018: Received a letter from Cabot Financial stating 'your balance of £5,056.14 is waiting to be paid'

2) I'm assuming that I should ignore the letters from Cabot above as the account is still UE?

29/04/2018: Letter received from Santander - Notice of sums of arrears. 'Please contact us as soon as possible to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing' Not communicating and have filed the letter away.

3) Can anyone advise what I should do about this account as it is enforceable? Can Santander now set a Default notice against my credit record or issue a CCJ?

As of May 31st, 2018 - 6 years have passed since Barclaycard set a default against my credit record.
4) Does this mean that the default will now be removed from my credit file and how long does this take to process?

I would appreciate if anyone could spare the time to answer my questions above.

Thanks in advance.

I'm happy to answer your questions but you need to make a separate post for each debt with a link or post # to the history on your thread in order to give safe advice.

For example you say the Santander debt is "enforceable" but do you mean the credit agreement was enforceable but you have not established whether the debt owner (or the original creditor) has complied with all their other statutory duties?

Ditto your Capital One debt.

The devil is always in the detail

Di